Mark Walsh is a contributing writer to Education Week. He has covered legal issues in education for more than two decades. He writes about school-related cases in the U.S. Supreme Court and in lower courts.

Justices Decline to Hear Pa. Home-Schoolers' Case

The U.S. Supreme Court today declined to hear the appeals of several families in a challenge to Pennsylvania's record-keeping requirements for home-schooled children.

The justices declined without comment to review an August ruling by the U.S. Court of Appeals for the 3rd Circuit, in Philadelphia, that the state's reporting requirements do not violate the families' First Amendment right of free exercise of religion.

Under state law, parents who home school their children must provide instruction for a minimum number of days and hours in certain subjects and must submit a portfolio of teaching logs and the children’s work product for review by the local school district. The families had sought exemptions to the reporting requirements, saying they interfered with their sincerely held Christian religious beliefs and parental control of their children's education.

In its Aug. 21 opinion, the 3rd Circuit court said parents have a general right to control the education of their children, but they "do not have a constitutional right to avoid reasonable state regulation of their children’s education. [The state law's] reporting and superintendent-review requirements ensure children taught in home education programs demonstrate progress in the educational program."

2 Comments

I do not agree with the Pennsylvania court's opinion on this. The Universal Declaration of Human Rights, which the US supports states that parents should have the main role in the education of their kids. If homeschool curriculum is mandated and enforced by the state, how can parents truly find an alternative to state schools which are limited to transmitting an authorized curriculum to students?